This course will cover the building blocks of a competent and successful defense to a foreclosure suit. We will cover the incentives and reasons for energetic defense of such cases, while discussing vital considerations needed to engage in foreclosure representation during pandemic times. Next, we will provide a comprehensive overview of some basic defenses to foreclosure, and will list out the major settlement outcomes, and the risks and rewards therein, likely to apply in most foreclosure cases. Finally, we will provide a look at angles for document requests that are aimed at discovering specific defenses, and will conclude with a discussion of some of the most unsettled jurisprudence in foreclosure practice, such as res judicata, statutes of limitation, and reciprocal fee awards.
- Why and how to vigorously defend foreclosure suits
- Foreclosure considerations in COVID/Pandemic times – e.g. the CARES act & forbearances
- Survey of the foundational blocks of defenses to foreclosure
- Settlement options – Modifications, short sales, cash for keys, bankruptcy
- Specific foreclosure defenses – MERS, securitization, conditions precedent, equitable defenses
- New and emerging jurisprudence – Res judicata, statutes of limitations, and reciprocal fee awards